WILLIAM DONALD SCHAEFER, Governor                   Ch. 297

(2) IN THE REGULATIONS ADOPTED UNDER THIS SUBTITLE,
THE DEPARTMENT SHALL ADDRESS THE SPECIAL NEEDS OF SPECIAL FOOD

SERVICE FACILITIES AND ESTABLISH STANDARDS THAT ARE LESS

STRINGENT THAN THOSE STANDARDS REQUIRED FOR A FOOD SERVICE
FACILITY WHICH TAKE INTO CONSIDERATION:

(I) THE TEMPORARY NATURE OF THE OPERATION

(II) THE FREQUENCY OF EVENTS CONDUCTED;

(III) THE AMOUNT AND TYPES OF FOOD PREPARED;

(IV) THE METHODS OF FOOD PREPARATION.

(2) FOR EXCLUDED ORGANIZATIONS, THE DEPARTMENT:

(I) SHALL ADOPT SEPARATE REGULATIONS THAT
ESTABLISH MINIMUM STANDARDS THAT:

1. ENSURE FOOD INTEGRITY AND SAFETY;

2. PRESERVE PUBLIC HEALTH; AND

3. CONTROL FOODBORNE ILLNESSES; AND

(II) MAY ADOPT SEPARATE REGULATIONS THAT
ESTABLISH A LICENSING SYSTEM, WITH APPROPRIATE STANDARDS, THAT
EXCLUDED ORGANIZATIONS MAY VOLUNTARILY CHOOSE TO SUBMIT TO AS A
NONRESCINDABLE ALTERNATIVE TO REGULATION UNDER SUBPARAGRAPH (I)
OF THIS PARAGRAPH.

(B)  A POLITICAL SUBDIVISION MAY NOT ADOPT A LAW, ORDINANCE,
RULE, OR REGULATION THAT ESTABLISHES A STANDARD THAT IS LESS
STRINGENT THAN RULES AND REGULATIONS ADOPTED UNDER THIS SUBTITLE.

(C)  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THIS
SUBTITLE DOES NOT LIMIT THE POWER OF A HOME RULE OR CHARTER
COUNTY OR BALTIMORE CITY TO ADOPT AND ENFORCE LAWS, ORDINANCES,
AND REGULATIONS THAT ARE CONSISTENT WITH THE PURPOSES OF THIS
SUBTITLE, INCLUDING THE POWER TO ADOPT LOCAL LICENSING AND
ENFORCEMENT PROCEDURES.

PART II. LICENSING

4-305.

(A)  EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A PERSON
MAY NOT OPERATE A FOOD ESTABLISHMENT UNLESS THE PERSON IS
LICENSED BY THE DEPARTMENT.

(B)  (1) A SEPARATE LICENSE IS REQUIRED FOR EACH FOOD
ESTABLISHMENT THAT A PERSON OWNS OR OPERATES.

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